District of Columbia Jury Instruction - 1.1.2 Public Employee First Amendment Claim Discharge - Failure To Promote Political Disloyalty - Key Employee
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FAQ
Ultimately the Supreme Court decided that speech addresses a matter of public concern if it is ?relating to any matter of political, social, or other concern to the community" or ?is a subject of legitimate news interest; that is, a subject of general interest and of value and concern to the public.? The determination ...
The categories of unprotected speech include obscenity, child ography, defamatory speech, false advertising, true threats, and fighting words.
The compelled speech doctrine sets out the principle that the government cannot force an individual or group to support certain expression.
If you are a state or federal employee, then you are protected from retaliation for exercising free speech by the First Amendment and the Fourteenth Amendment. This means that when you exercise your right to free speech, your government employer cannot retaliate against you with negative employment action.
The First Amendment only protects your speech from government censorship. It applies to federal, state, and local government actors. This is a broad category that includes not only lawmakers and elected officials, but also public schools and universities, courts, and police officers.
As a government employee, you still have a First Amendment right to speak out on important issues. However, your government employer also has an interest in promoting an effective and efficient workplace. In this guide, we break down your speech rights under the Constitution.
PEPFA, as opposed to the First Amendment, provides public employees protection from retaliation for speaking to elected officials about their job duties.
To bring a First Amendment retaliation claim, the plaintiff must allege that (1) it engaged in constitutionally protected activity; (2) the defendant's actions would 'chill a person of ordinary firmness' from continuing to engage in the protected activity; and (3) the protected activity was a substantial or motivating ...